All Forum Posts by: Douglas Snook

OK, not sure what you have going on exactly or what you are trying to accomplish, need more info.

You have a written lease that terminates on June 1 2022? Did you give the tenant notice that you will not be renewing the lease?? Or are you going to keep the tenant and let the tenancy become month to month/tenant at will?

Also, it is NOT required to collect last months rent. However, if your agreement was that he pay last months before moving in but you let him move in without collecting it, not much you can do if you are going to keep him on. Maybe terminate the tenancy and offer a renewal but require last months rent.

What is it you want here? Do you just want him to pay the last months rent like he was supposed to do? Are you concerned he won't pay you in June and then vacate at the end of the month?

Feel free to email me if you want to discuss further. Like I said, need more info

Any auctions will have the terms spelled out. If it is in person, you usually bring a cashiers check for the deposit, say $5,000 or $10,000.00 Generally you have 30 days to close. You pay at that time so you want to have your financing ducks in a row ahead of time (whether hard money or say an equity line on your personal residence) You can always walk away after the sale. I had one client who routinely did that costing them upwards of $50,000 a year. They felt a better deal had come along or that they had bid too much and it would not be worth it in the long run. Better to get out now.

I don't know CA but if this was Massachusetts, I would go with an attorney - only an attorney can give legal advice/practice law. No sense paying an agent a commission and then have to end up with an attorney anyway.

Does CA use escrow companies? If so, I would check into them and see if this is something they usually handle.

Sent you a message. Happy to talk and help you out. 30 years experience.

Not for nothing but why is it heading to small claims court? Are you not paying rent? Are you looking to get out of the lease just because you feel uncomfortable that you don't know the full name of the landlord?

If you are paying the rent every month and are happy with the unit and the landlord is responsive to repair request, what's the issue? If you have a cashed check or other receipt for the rent, they won't be able to evict you.

As far as finding out their name, call city hall and ask to speak to the assessor department. Give your address and they should be able to tell you the name of the owner and the address that they send the tax bill to. 

Another possibility to to have a parent be a guarantor on the lease. Check their credit/situation as well. Have a client that rents to college students so they almost always have a parent sign as guarantor. usually they own a home so there is an asset there to attach.

Also you want it spelled out that each tenant is joint and several liable for the rent. If one moves out during the lease, the full amount is still due and you will go after them for any short fall. Of course you then run into the issue that the remaining party wants to either break the lease and leave as well or bring in a new roommate so they can afford the place. That's a whole other set of issues.

The seller (and or their real estate agent) should be presenting the estoppel to the tenant as they know the info for each tenant. 

Also they should be signed by both tenant and seller (or management company that will also vouch for the info).

One more thought, check your local laws about having the tenants pay water. In MA it is unusual for tenants to pay water and it can only be done if certain criteria are meet. Been a while since I looked into it but as I remember it you have to have separate meters for each unit, low flow faucets and toilets installed and a certificate from the town water commission that the requirements have been met. (Probably missing something but you get the idea)

Also what is the custom in your area? What are the tenants expecting to pay for? If they have otherwise been good tenants you may just want to go up on the rent as that is what is usually expected and only switch to tenants paying water if these tenants leave.

@Erick Sembrano

If you are using any lender, in MA they will have an attorney that will close the loan (just one of the MA quirks) That attorney will review the title and let both parties know if there are any issues, that attorney will conduct the closing, make sure everything is recorded, issue title etc.

YOUR attorney will primarily negotiate the P&S and advise you.

Can they be the same attorney, yes. If you had an attorney that you worked with in MA you can request that the conduct the closing. Meaning they would also represent the lander (subject to them meeting the lenders qualification such as having malpractice insurance and being a title agent) (just another quirk in MA)

In fact you do not necessarily need an agent. If you found the deal you can deal directly with the seller or the seller's agent or your attorney can. But since this is your first deal (or if you already got one) then just go with it. I am not saying not to work with agents (the agent may be able to list the apartment for you or have an inside edge on who is a good contractor or electrician etc) In the future, if you find an off market deal, go straight to your attorney.

You may want to think about a lawyer to represent you to review and/or draft the P & S. Your real estate agent generally does not or can not help with that. 

How are you paying for the property? If it is a cash deal you definitely want an attorney to review title as well and issue title insurance.